How Long Does a Restraining Order Stay on Your Record? It Depends (on This)

How long does a restraining order stay on your record? Many individuals who have been the recipient of a restraining order want to know if the order will be part of what shows up on a background check. Others, who want restraining orders for their protection, want to know how long they’ll last.

How long a restraining order is on your record depends on a few different factors, specifically on the state law where the order is issued.

Generally, having a restraining order filed is not a crime itself and will only appear on a criminal record check if the restraining order is violated and the individual is charged. And, anyone can check their record by performing a free criminal history check on themselves.

However, since the record can be accessed in more detail for some types of checks, knowing the answer to how long a restraining order stays on your record can be tricky. This guide outlines the law in all 50 states.

How Long Does a Restraining Order Stay on Your Record?

When it comes to how long does a restraining order stay on your record, many individuals will be surprised at how simple the answer is. A restraining order is not technically a crime, so there is no reason for a restraining order to appear on an individual’s criminal record.

However, if a crime was committed that led to a restraining order being filed, such as domestic violence, these charges will appear on a criminal record.

Each state has its own laws and regulations pertaining to restraining orders and protection orders, how they are used and how long they remain active.

Individuals who are unsure of whether or not they have certain information on their criminal record should perform a background check on themselves using the search bar at the top of this page. Besides this free background check method, individuals can also pay to have an official state background check performed using the list below.

Does an Order of Protection Go on Your Record?

Some individuals may have questions like does an order of protection go on your record? Orders of protection and restraining orders are often used interchangeably, and the law is the same for both. An order of protection is not a crime and thus will not appear in the criminal record unless the order is violated.

How Long Does a Temporary Restraining Order Stay on Your Record?

Although many individuals may be able to answer the question of how long does a restraining order stay on your record, the question of how long does a temporary restraining order stay on your record may be confusing.

The answer is the same for both: any restraining order that is filed will not appear on a criminal record unless the order is violated which will result in misdemeanor charges being filed.

In some states, like California, the order itself can be varied, such as what “no contact” actually means and when the order applies, and how it is violated.

Does a Domestic Violence Restraining Order Show Up on a Background Check for Employment?

When wondering does a domestic violence restraining order shows up on a background check for employment, the thing to understand is whether or not the order was the result of a criminal charge. If the order was issued because of an incident and the person was arrested, then yes, the order will usually show up on a criminal background check.

What Happens if Someone Files a Restraining Order Against You?

Being asked to appear in civil court can be intimidating and many will be wondering, what happens if someone files a restraining order against you?

Generally, both parties will need to appear in civil court to work out the details and explain the situation to a judge. If the order is filed, the individual it was filed against will need to obey the order or face criminal charges.

How Does a Restraining Order Work?

When it comes to the matter of how does a restraining order work? It is usually quite simple.

The order will lay out specific guidelines that individuals must follow regarding how much contact they are allowed with the individual, if any. This will involve contact of any kind, not just in person, and any violation of this order is considered a misdemeanor at the very least.

In Arizona, protection orders are used to issue immediate protection, usually within 24 hours.

Use the list below to learn more about protective order laws in each state.

What Happens if a Restraining Order Is Not Served?

In regards to the question of what if a restraining order is not served? The answer is fairly complicated and will likely be worked out between the judge and any lawyers involved. However, it can be difficult to charge someone with a protective order violation if they did not know about the order in the first place.

What To Expect at a Restraining Order Hearing?

Some people will want to know what to expect at a restraining order hearing in order to prepare. Generally, a protective order hearing will involve sworn testimony from both parties to a judge that explains the circumstances that led to the order being requested.

Go to your state’s judicial website to gain information about what to bring to court and how to prepare.

In most cases, there will be an initial hearing where the judge may grant a temporary order, followed by a full hearing where the judge will decide if a permanent order is necessary.

Can You Lose Your Job if You Have a Restraining Order?

A common question when an individual gets served with a protection order is: Can you lose your job if you have a restraining order? Although it is possible, most employers will not even be aware of the order, due to it being a civil matter. However, it may have an impact on jobs with stricter requirements, such as those that require security clearance.

What Happens When a Restraining Order Expires?

Some people wondering what happens when a restraining order expires will want to know if they can renew the restraining order. When a protective order expires, all of the components of the order expire with it. This means that if a restraining order prevents someone from contacting another individual or their children, that individual is now legally allowed to do so.

If this could create an unsafe situation, individuals should look into whether or not the restraining order expires automatically if a judge’s approval to end the order is needed. Some states also allow individuals to renew protective orders before the order expires.

How Long Does a Restraining Order Stay on Your Record?

One of the first questions that an individual will have that has had a protective order filed against them is how long does a restraining order stay on your record? In most cases, a restraining order will not appear on a criminal record. Since a restraining order is not a crime, then there would be no reason for it to show up on a criminal history check. However, any crime relating to the restraining order such as domestic violence or crimes that were a result of the order being violated will appear on the individual’s record.

How To Get a Restraining Order off Your Record

Individuals wondering how to get a restraining order off your record may be pleased to learn that it should not appear on a criminal record in the first place.

However, if the order was violated, the resulting misdemeanor charge will show up on the individual’s record.

Some criminal records can be expunged so that they don’t show up on background checks, but each state designates whether this may apply to restraining and harassment orders.

Those hoping to get a protective order violation off their criminal record, whether it is just a charge or a conviction, will need to rely on getting the records sealed or expunged. Both of these processes are fairly difficult to achieve but there are state laws that make the sealing of records easier in certain cases, such as when the individual is a first offender or if the charges were dropped before a conviction was reached.

How To Expunge a Restraining Order

Many people will want to know how to expunge a restraining order from their record, but this process is extremely difficult and even impossible in certain cases. States only grant expungements in extremely rare cases. However, getting the record sealed rather than expunged is often a far easier process that will have a similar effect on the individual’s record.

Getting a record sealed is not an easy process either but many states have developed programs to make the process easier for certain offenders.

Will a Restraining Order Affect My Security Clearance?

Oftentimes individuals will be worried about how a restraining order will affect their background check and thus their work life. Although a restraining order will not show up on a typical background check, it can affect the work of certain individuals.

Individuals wondering: Will a restraining order affect my security clearance background check the answer is it very likely will. Security clearance checks are notoriously thorough and the individual’s domestic life will be investigated and any restraining orders will likely play a major factor in the individual’s clearance level.

Is a Restraining Order a Criminal Charge?

Another common question when it comes to protective orders is: Is a restraining order a criminal charge? Restraining or protective orders are a civil matter, rather than a criminal one. Unless the order is violated, no criminal charges will be brought against the individual.

Can You Look Up Restraining Orders Online?

When it comes to looking up restraining orders online, the answer will depend on a few different factors. Most notably, whether or not the order was sealed. Although most court documents are part of the public record, including civil matters, protective orders are often sealed.

Individuals can use a court document search using the name of one of the individuals to see if any documents are available.

Restraining Order Background Check

Individuals can perform a restraining order background check on an individual that they suspect has a restraining order against them. This can be done using the free public records search at the top of this page. Keep in mind that sealed records will not be present on a background check.

How Long Does a Restraining Order Stay on Your Record? Check Restraining Order Status

Individuals involved in a protective order can check restraining order status using the court where it was filed. Even if the document was sealed, the individuals involved will still be able to access it.

Having a protective order filed against you is a serious matter, but individuals that are wondering, how long does a restraining order stay on your record, can rest easy knowing that so long as the order is not violated, their record will remain clean.

Frequently Asked Questions About How Long Does a Restraining Order Stay on Your Record